20-R-126 - ILA agreement for Fire Protection Services in Guadalupe County between the City of Schertz, and the City of SeguinRESOLUTION NO. 20 -R -126
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AN
INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES IN
GUADALUPE COUNTY BETWEEN THE CITY OF SCHERTZ, AND
THE CITY OF SEGUIN, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City of Schertz Fire Rescue Department provides fire service to the
citizens of Schertz and is a participant in multiple mutual aid agreements among other
jurisdictions to provide and receive fire and rescue services; and
WHEREAS, the County of Guadalupe has need of fire services in unincorporated
Guadalupe County and historically contracts with the nearest fire departments to provide that
service; and
WHEREAS, it is of benefit to both parties and to the residents in those areas, to enter into
this Agreement to efficiently provide that service to the areas designated in the Agreement ; now
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute the
Interlocal Agreement to provide fire service to areas within Guadalupe County as set forth in
Exhibit A.B.C. and D.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 27th day of October 2020.
CITY ( )F SCHERTZ, TEXAS
ATTEST:
Brenda Dennis, City Secretary
STATE OF TEXAS
COUN'T'Y OF GUADALUPE
INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES IN
GUADALUPE COUNTY BETWEEN THE CITY OF SCHERTZ AND THE CITY
OF SEGUIN
This agreement is entered into by and between the City of Seguin ( "Seguin "), a
municipal corporation situated in Guadalupe County, Texas and the City of Schertz
( "Schertz "), a municipal corporation situated in Guadalupe County, Texas (collectively
the "Cities ").
Authority is granted pursuant to the lnterlocal Cooperation Act, Chapter 791 of the
Texas Government Code.
WHEREAS, Guadalupe County desires to provide fire protection services to citizens of
the County residing outside the city limits of the City of Seguin, in an area more
particularly described in Exhibit "A" attached hereto and incorporate herein, hereinafter
called the "designated area "; and
WHEREAS, Guadalupe County desires to provide fire protection services to citizens of
the County residing outside the city limits of the City of Schertz, in an area more
particularly described in Exhibit "B" attached hereto and incorporate herein, hereinafter
called the "designated area "; and
WHEREAS, Guadalupe County desires to provide backup fire protection services to
the Volunteer Fire Departments serving the unincorporated areas described in the
above Exhibit "C "; and
WHEREAS, the Cities currently provide fire protection services to their respective
residents with fulltime professional personnel on a twenty -four hour, seven days a week
basis and are willing to provide such services to certain areas of the County, according to
the terms and conditions stated in an Interlocal Agreement between Guadalupe County
and the City of Seguin;
NOW, THEREFORE, in consideration of the mutual covenants and agreement stated
herein, the Cities agree as follows:
I.
The purpose of this agreement is to allow Seguin to provide fire protection services to
the designated areas as described in Exhibit "A;" and, to allow Schertz to provide fire
protection services to the designated areas described in Exhibit "B ". Additionally, the
cities will provide mutual aid fire protection services as needed to the other
unincorporated areas of Guadalupe County.
II.
The term of this agreement shall be for one year, beginning October 1, 202o and ending
September 30, 2021.
III.
Seguin and Schertz agree to provide fire protection services to the designated areas
including extrication and other rescue services to support the EMS contract. Said
services shall be provided from existing fire station locations within each of the
respective Cities. It is understood and agreed that the fire fighting equipment and
personnel of Seguin or Schertz shall give priority to calls within their respective city at
all times. In the event of such emergency, the Seguin Fire /EMS Department and the
Schertz Fire Department will call upon its mutual aid agreements to provide next
available units.
Seguin agrees to pay the sum of $33,453.08 per year, paid in twelve monthly
installments of $2,787.75 to the City of Schertz for services rendered under this
agreement following receipt of payment from Guadalupe County.
V.
The Cities agree that all equipment and personnel of Seguin and Schertz used in the
provision of services hereunder shall be and remain the sole management and
budgetary authority of the City Manager for each city.
A"
No amendment, modification, or alteration shall be binding unless the same be in
writing, dated subsequent to the date hereof and duly executed by the Cities.
VII.
Notice to the City of Seguin shall be delivered to the City Manager, City of Seguin, 205
N. River Street, Seguin, Texas 78156. Notice to the City of Schertz shall be delivered to
:City Manager, City of Schertz, 1400 Schertz Parkway, Schertz, Texas 781154. This
agreement shall be binding upon and inure to the benefits of the Cities and their
respective legal representatives, successors, and assigns where permitted by this
agreement.
VIII.
In case any one or more of the provisions contained in this agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision thereof and this
agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
IX.
This agreement constitutes the sole and only agreement of the Cities and supersedes any
prior understandings or written or oral agreements between and the Cities respecting
the subject matter.
1�
To the fullest extent permitted by law, each City shall and does hereby agree to
indemnity, protect, defend, and hold harmless the other City, its officers, agents and
employees, for, from and against all claims, demands, liabilities, damages, costs, suits,
losses, liens, expenses, causes of action, judgments, and fees (including court costs,
attorney's fees, and costs of investigation), of any nature, kind, or description by,
through, or of any person or entity whomsoever arising out of, or alleged to have arisen
out of, (in whole or in part) the work to be performed, or in any way whatsoever in
connection therewith. Pursuant to Texas Government Code 791.006, the governmental
unit that would have been responsible for furnishing the services in the absence of a
contract is responsible for any civil liability that arises from the furnishing of those
services. Nothing in this agreement adds to or changes the liability limits and
immunities for a governmental unit provided by the Texas Tort Claims Act, Chapter 1o1,
Civil Practices and Remedies Code, or other law. This agreement is not a joint enterprise
for the purpose of assigning or determining liability.
XI.
Any of the Cities shall have the right to terminate this agreement with a ninety (9o) day
written notice.
This Agreement is executed this 27 day of October, 2020.
CITY OF SEGUIN CITY OF SCHERTZ
By:
Steve Parker
City Manager
City of Seguin
Attest:
Naomi Manski
City Secretary
By:
Mark Browne
City Manager
City of Schertz
Brenda Dennis
City Secretary
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